Is a search incidental to an arrest not lawful?
Ontario, Canada
The following excerpt is from R. v Cassells, 2016 ONSC 4868 (CanLII):
It is well-established that that if an arrest is not lawful, then the search incidental to it will violate the charter unless it falls within another exception to the prima facie unreasonableness of a warrantless search as laid down in Hunter v. Southam Inc. (see The Law of Search and Seizure in Canada at p. 950).
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